Automatic termination of the individual employment contract on the date of cumulative fulfilment of the standard age conditions and the minimum contribution period for retirement. Distinctions in the application of Art. 56 para. (1) letter c) and Art. 56

DREPTUL MUNCII ŞI SECURITĂŢII SOCIALE

Abstract

In the case of an employee who has opted in writing to continue the performance of the individual employment contract, subsequent requests for extension of work are without object, as this is covered by the provisions of Article 56(1) letter c) of the Labor Code, which allow the continuation of employment until the age of 65, the employer not having the right to assess the appropriateness of extending the individual employment contract, which is extended under the law until the age of 65. This provision was enacted to eliminate gender discrimination in retirement age between women and men.

The provisions of Article 56 para. (4) of the Labor Code have in mind a situation other than that of Art. 56 para. (1) letter c) of the Labor Code and apply to both men and women, in which case the employer has the right to decide whether to extend the individual employment contract annually, but for no more than 3 years. If the employer restricts or ignores the employee's right to continue working under the conditions laid down in Article 56(1) letter c) first sentence, the decision to terminate the individual employment contract, which is in fact a genuine decision to dismiss, is absolutely null and void, with the consequence of reinstatement and payment of compensation.